Zugar v. State

Duckworth, Justice.

The exception to the judgment striking the plea in abatement will be first considered, and if the court erred in striking this plea all subsequent proceedings were nugatory.

The rule of procedure for the return of indictments at common law and in this State until the decisions in Davis v. State, 74 Ga. 869, and Danforth v. State, 75 Ga. 614 (58 Am. R. 480), was that the members, of the grand jury would bring such indictments into court, where the clerk of the court called the names of the jurors, who answered to signify their presence, and thereupon the foreman of the jury…